HB109 SD2

Report Title:

Land Use; Farm Dwellings; Rural Districts

Description:

Allows counties to recommend rural district amendments and form an advisory group to redefine districts; conducts a study to develop policy recommendations to expand and enhance rural districts. (SD2)

HOUSE OF REPRESENTATIVES	H.B. NO.	109
TWENTY-THIRD LEGISLATURE, 2005		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

RELATING TO LAND USE COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Many parts of the State contain pockets of rural communities that are located in the near vicinity of many state highways. These unique communities offer a glimpse of what Hawaii was like before the advent of modern subdivisions.

Historically rural communities in our State were self-contained and did not function as a suburb of a major urban center. Commerce and community business were conducted within their boundaries at a personal level and everyone knew their neighbors. There was no need to venture outside of the community, and a trip to the city was usually reserved for special occasions.

The legislature believes that rural districts are an asset to our State, and by creating more rural districts, citizens will look at their land not just as real estate but as precious communities.

The purpose of this part is to:

(1) Allow counties to work with the executive officer of the land use commission to develop policy and recommend boundary amendments to expand and enhance the use of rural districts;

(2) Convene an advisory group for redefining rural districts; and

(3) Appropriate money to accomplish the purposes of this part.

SECTION 2. (a) Each county's planning department may conduct a study with the executive officer of the land use commission to review boundaries within its jurisdiction to develop policies and boundary amendment recommendations that would expand and enhance the use of rural districts. The boundary review process shall include but not be limited to:

(1) Developing recommendations for more effective state and county rural land use policies and development standards; and

(2) Mapping lands recommended for rural district boundary amendments.

(b) Each county may convene an advisory group or may utilize existing general or community planning review processes for redefining rural districts and creating appropriate rural standards for boundary reviews. The advisory group may conduct public hearings in accordance with chapter 92, Hawaii Revised Statutes.

The advisory group may include representatives of county, state, and federal agencies, landowners, farmers and farm organizations, the business community, environmental organizations, native Hawaiian organizations, planning organizations, and community groups.

The advisory group's review shall include:

(1) Examining existing state and county rural land use policies and development standards, and the practices used in other states;

(2) Proposing amendments to existing statutes to better utilize the rural district for rural settlements and rural town centers;

(3) Developing common rural land use principles to guide state and county rural land use policies, including the concepts of rural service centers and rural service areas; and

(4) Compiling spatial data and mapping for lands in each county that are suitable for reclassification to rural district using geographic information systems.

(1) Examining existing state and county rural land use policies and development standards and the practices used in other states;

(2) Developing common rural land use principles to guide state and county rural land use policies, including the concepts of rural service centers and rural service areas;

(3) Developing recommendations for improving existing state and county rural land use policies to provide flexibility for rural non-agricultural uses and to utilize innovative rural land management tools; and

(4) Compiling spatial data and mapping for lands in each county that are suitable for reclassification to rural districts using geographic information systems.

The executive officer of the land use commission shall be responsible for any consulting services as may be needed for the boundary review process. The executive officer of the land use commission shall also assist the counties in coordinating working and public informational meetings for their respective counties.

(d) Counties may develop criteria for mapping lands to be recommended for reclassification into rural districts; provided that priority shall be placed on the reclassification of lands that are already subdivided and developed for non-agricultural uses. Counties may further consider long-range land use patterns contained in the county’s general, community, or development plans and maps and new rural policy standards developed or considered by the county.

County planning departments may identify areas that have land use and resource characteristics suitable for the new rural district, and counties shall also consult with stakeholders, including property owners, community organizations, and county and state agencies in the mapping process.

(e) Each county may develop procedures for involving the public in reviewing lands for amending rural district boundaries. The procedures shall include a series of public meetings during the policy and mapping phases of the boundary review.

SECTION 3. The county planning departments shall submit proposed legislation to redefine the rural district to the legislature at least twenty days before the convening of the regular session of 2006.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to conduct a study to develop policy and recommend boundary amendments to expand and enhance the use of rural districts.

The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.

SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2005.